Australia and UK modernise copyright laws to be effective in the digital age

Author: Marjolein van der Heide - 02-07-2012

In Australia, the process to reform the Copyright Act to adapt it to the digital age is in full progress. On 29 June, the Australian Law Reform Commission (ALRC) received the final version of the Terms of Reference for the Inquiry into Copyright and the Digital Economy. After the release of a draft version of the Terms in March, the input of more than 60 stakeholders is incorporated in this final version. 

In the Terms, the ALRC is asked to examine the adequacy and appropriateness of a broad range of exceptions in the Australian Copyright Act and to consider whether further exceptions are required. Also, the ALRC will look at the commercial and non-commercial impact of copyright laws on creaters, owners and users to ensure that the laws support Australia's economic development. 

The ALRC will release an Issues Paper in August 2012 and will call for submissions at that time. The ALRC  is required to provide a Final Report with recommendations for reform by November 2013. “As Australia’s foremost law reform institution, the ALRC is well suited to undertake this important work to ensure that the Copyright Act continues to be effective in the 21st century.” says Attorney-General Nicola Roxon. 

On the other side of the world, the UK announced new legislative measures to modernise copyright today. Copyright licensing will be improved to make it more efficient and to remove unneccessary barriers to the legitimate use of works while preserving the interests of rightholders. The three measures that will be taken are:

- An orphan works scheme that allows for both commercial and cultural uses of orphan works, subject to satisfactory safeguards for the interests of both owners of 'orphan rights' and rightholders who could potentially suffer from unfair competition from an orphan works scheme.

- Voluntary extended collective licensing (ECL) to help simplify licensing while protecting the interests of rightholders. This would mean that collecting societies that meet the necessary standards for protecting rightholders' interests could seek permission to license on behalf of rightholders who are not members, with the exception of those who opt out of the scheme.

- Collecting societies will self-regulate by adopting codes of conduct that incorporate minimum standards set by the Government. The Government  reserve a power that allows it to introduce statutory codes of conduct if a collecting society fails to self-regulate effectively.

Business Minister Norman Lamb says: “It is vital that we make the most of our creative industries, boosting their contribution to the economy while ensuring protection of the rights holders. The copyright licensing system has been behind the times and we need to modernise and make it fit for the 21st century."

As we can see, efforts to adapt copyright laws to the digital age are made worldwide. FutureOfCopyright.com will keep you posted about these developments. 

Sources: ALRC, FressBusinessThinking, Government Policy Statement: Consultation on Modernising Copyright

By: Marjolein van der Heide

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